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spring / summer 2017 |

aspects of land

|

7

CDM regulations

make it vital you

use tradespeople

who are qualified

for the job in hand

BILL EMRICH / ALAMY

“IF AN ACCIDENT

HAPPENS AND

SOMEONE IS

KILLED OR

INJURED ON

YOUR PROJECT,

IF YOU HAVEN’T

FOLLOWED THE

REGULATIONS,

YOU COULD

END UP FACING

A CRIMINAL

PROSECUTION”

FOLLOWING ORDERS

Are you up to speed with all the latest

construction, design and management

regulations?

Brian Gargett

of Savills

RuralWorking Group explains why

it is essential to make sure you are

What are the latest regulations?

The construction, design and management (CDM)

regulations were introduced in 2015. Nothing has

fundamentally changed since then, but these requirements

apply to even the smallest of construction projects and

not just large works. Even many building repair and

maintenance jobs are subject to these regulations and

I’m not sure everyone has fully understood the

implications of that.

What are the implications?

Anyone who is in the position of instructing a firm of

builders is subject to these regulations. If an accident

happens and someone is killed or injured on your project,

if you haven’t followed the regulations, you could end up

facing a criminal prosecution.

What do you have to do to meet the regulations?

There are three main areas. Firstly, contractor

management is key. It is your legal obligation to make

sure that any tradespeople you use are qualified to do

the job, that they understand the health and safety

requirements and that they have the necessary insurance

and qualifications in place. Secondly, make sure all

this is documented. You have to have a paper trail to

demonstrate you have done everything you were

supposed to do. Finally, the wording of your work

orders is very important. It needs to be clear that

when contractors sign the order, they understand their

responsibilities and cannot pass any liabilities back to

you as the client.

How can estate managers check that

contractors are following regulations?

There are a number of ways to vet contractors in the

planning stages. Ask to see public liability insurance,

specimen risk assessments, method statements and

construction phase plans to check they are using

reasonable processes. And be wary of cheap quotations.

If a roofing quote comes in much lower than others

you’ve received, it could be because they’re going to

do all the work on ladders rather than scaffolding.

The cheapest prices might be a false economy.

What are the impacts for estate managers

of not following the CDM regulations?

In the worst cases, prison sentences are not

unheard of and large fines are commonplace.

n

Brian Gargett, Cirencester, 01285 886 342,

bgargett@savills.com